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1996 Supreme(P&H) 535

P.K.BALASUBRAMANYAN, K.A.ABDUL GAFOOR
State Bank of Travancore – Appellant
Versus
Radhakrishnan – Respondent


Advocates Appeared:
For the Petitioner:K.C. John and K.K. John, Advocates.
For the Respondent:T.P. Kelu Nambiar, Sr. Advocate.

ORDER

P.K. Balsubramanyan, J. - The decree holder is the petitioner in this revision under Section 115 of the Code of Civil Procedure. The decree holder, State Bank of Travancore obtained a decree on 18.10.1982 for recovery of a sum of Rs. 1,67,229.59 against the first defendant Private Limited Company and its Directors by sale of the properties and also proceeding against the Directors. On 22.12.1982 the decree holder filed an execution petition which was numbered as E.P. 6 of 1983. There were two prayers in that petition, one to appoint a Receiver for A schedule immovable properties and B Schedule movables belonging to the first defendant-Company and for sale of those properties. The Court appointed a Receiver who sold the movables. The immovable property was also sold. A partial satisfaction of the decree was recorded. While that execution petition was pending, the decree holder bank filed E.A. 108 of 1983 to attach the personal properties of defendants 6 and 8 on the ground that the properties mortgaged were not sufficient to satisfy the decree debt. On 12.4.1983 an order of attachment was made by the Executing Court and on 7.6.1983 attachment was effected. On 14.9.1983 attachme













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